Terms and Conditions

Last Updated: January 1, 2025
Effective Date: January 1, 2025

1. Acceptance of Terms

Welcome to Software Unicorn. By accessing or using our website www.softwareunicorn.com or engaging our services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our website or services.

2. Company Information

Company Name: Software Unicorn

Address: Kota, Raipur, (C.G), India, 492001

Email: info@softwareunicorn.com

Phone: +918435883135

Website: https://www.softwareunicorn.com

3. Services Offered

Software Unicorn provides the following services:

  • Web Development: Custom website development, responsive design, and web applications
  • Mobile App Development: iOS, Android, and cross-platform mobile applications
  • Custom Software Development: Tailored software solutions for businesses
  • E-commerce Solutions: Online store development and e-commerce platforms
  • UI/UX Design: User interface and user experience design services
  • Digital Marketing: SEO, social media marketing, and online advertising
  • Technical Consultancy: IT consulting and technology advisory services
  • Business Trademark Registration: Assistance with intellectual property registration

4. Payment Terms

4.1 Pricing and Fees

  • All prices are quoted in Indian Rupees (INR) unless otherwise specified
  • Prices include applicable taxes unless stated otherwise
  • Custom quotes will be provided based on project requirements
  • Prices are subject to change with 30 days' notice for new projects

4.2 Payment Schedule

  • Payment terms will be specified in each service agreement
  • Typically, 50% advance payment is required before project commencement
  • Remaining payment due upon project completion and delivery
  • For long-term projects, milestone-based payments may be arranged

4.3 Payment Methods and Gateway Disclaimers

  • Bank transfer (NEFT/RTGS)
  • UPI payments
  • Online payment gateways (Razorpay, Payu, Stripe, etc.)
  • Cryptocurrency payments (subject to regulatory compliance)
  • Cheque payments (for corporate clients)

IMPORTANT PAYMENT GATEWAY DISCLAIMERS:

  • No Liability for Payment Gateway Failures: Software Unicorn is not responsible for any failures, delays, or errors in third-party payment gateways including but not limited to Razorpay, PayU, Stripe, or banking systems
  • Transaction Fees: All payment gateway charges, transaction fees, and currency conversion costs are borne by the client
  • Failed Transactions: We are not liable for failed transactions, double debits, or payment processing errors by third-party systems
  • Refund Processing: Refunds, if applicable, will be processed through the same payment method and may take 5-45 business days depending on the payment provider
  • International Payments: Additional charges may apply for international transactions and are client's responsibility

4.4 Late Payments and Penalties

STRICT PAYMENT ENFORCEMENT:

  • Interest on Overdue Amounts: 2% per month (24% per annum) on all overdue amounts
  • Immediate Service Suspension: Services will be suspended immediately upon payment becoming 7 days overdue
  • Project Termination: Projects may be terminated for payments overdue by more than 15 days
  • Collection Costs: All collection costs, legal fees, and administrative charges will be borne by the client
  • Credit Reporting: Defaulting clients may be reported to credit agencies
  • Ownership Rights: No intellectual property or deliverables will be transferred until full payment is received
  • Domain/Hosting Control: We reserve the right to suspend hosting or domain services for non-payment

4.5 Tax Compliance and GST

  • GST Registration: Software Unicorn is GST registered and all applicable taxes will be charged as per Indian law
  • TDS Deduction: If client deducts TDS, original TDS certificate must be provided within 30 days
  • International Clients: Subject to applicable international tax treaties and regulations
  • Tax Changes: Any changes in tax rates will be immediately applicable to pending invoices

5. Intellectual Property Rights and Ownership

CONDITIONAL OWNERSHIP TRANSFER:

All intellectual property rights remain with Software Unicorn until full and final payment is received. No source code, designs, or deliverables will be transferred without complete payment.

5.1 Client Ownership (Upon Full Payment)

  • Conditional Transfer: Client ownership of custom-developed code occurs ONLY after 100% payment is received
  • Escrow Period: 30-day escrow period post-payment for any disputes or issues
  • Client Content: Client-provided content and materials remain client property but grant us license to use for project purposes
  • Warranty Period: Client ownership is subject to warranty obligations and ongoing support terms

5.2 Software Unicorn Reserved Rights

  • Proprietary Assets: We retain exclusive rights to our proprietary tools, frameworks, methodologies, and reusable components
  • Knowledge Retention: All general knowledge, experience, and techniques gained remain our property
  • Portfolio Rights: Unconditional right to showcase completed work in our portfolio and marketing materials
  • Template Rights: Right to create and sell templates or similar solutions based on project learnings
  • Improvement Rights: Any improvements or enhancements to our tools/frameworks remain our property
  • Audit Rights: Right to audit client's use of delivered solutions for compliance

6. Comprehensive Limitation of Liability

MAXIMUM LIABILITY CAP

Software Unicorn's total aggregate liability for any and all claims, damages, losses, or causes of action arising from or related to our services SHALL NOT EXCEED the lesser of: (a) ₹50,000 or (b) the total amount actually paid by the client for the specific project.

No Refund Policy

ALL PAYMENTS ARE NON-REFUNDABLE

Once work has commenced or services have been provided, no refunds will be issued under any circumstances, including but not limited to:

  • Changes in client requirements or business needs
  • Project cancellation by client
  • Dissatisfaction with deliverables that meet agreed specifications
  • Technical issues or compatibility problems
  • Market changes or business model pivots
  • Force majeure events or service interruptions

Excluded Liabilities - We Are NOT Responsible For:

  • Financial Losses: Any direct or indirect financial losses, loss of profits, revenue, or business opportunities
  • Data Breaches: Any data breaches, security incidents, or unauthorized access to client systems or data
  • Payment Gateway Issues: Payment processing failures, transaction errors, refund delays, or payment gateway security breaches
  • Third-Party Services: Failures, downtime, or security issues with hosting providers, cloud services, or external APIs
  • Business Interruption: Loss of business, downtime, or operational disruptions
  • Consequential Damages: Indirect, incidental, special, punitive, or consequential damages of any kind

7. Extended Force Majeure and Service Interruptions

COMPREHENSIVE FORCE MAJEURE PROTECTION:

Software Unicorn shall not be liable for any delay, failure to perform, or service interruption due to causes beyond our reasonable control.

Natural and External Events

  • Natural disasters, earthquakes, floods, pandemics, or epidemics
  • Government restrictions, lockdowns, or regulatory changes
  • Acts of terrorism, war, civil unrest, or political instability
  • Power outages, infrastructure failures, or utility disruptions

Technology and Service Dependencies

  • Internet/Telecommunications: Internet outages, network failures, or ISP issues
  • Third-Party Services: AWS, Google Cloud, Azure, or other cloud provider outages
  • Payment Gateways: Razorpay, PayU, Stripe, or banking system failures
  • Software Dependencies: Updates, deprecations, or failures of third-party software/APIs
  • Security Incidents: Cyber attacks, DDoS attacks, or security breaches affecting our infrastructure

8. Indian Legal Compliance and Regulatory Information

8.1 Regulatory Compliance

INDIAN LEGAL FRAMEWORK COMPLIANCE:

  • Companies Act 2013: Registered under Indian Companies Act
  • GST Compliance: GST Registration Number: [To be added when registered]
  • IT Act 2000: Compliant with Information Technology Act 2000 and amendments
  • DPDPA 2023: Compliant with Digital Personal Data Protection Act 2023
  • Consumer Protection Act 2019: Subject to consumer protection laws
  • Foreign Exchange Management Act (FEMA): Compliant for international transactions

8.2 Industry Certifications and Standards

  • ISO Standards: Working towards ISO 27001 (Information Security) and ISO 9001 (Quality Management)
  • STPI Registration: Software Technology Parks of India registration for export benefits
  • Startup India: Recognized under Startup India initiative
  • Digital India: Contributing to Digital India mission

9. Governing Law and Jurisdiction

  • These Terms are governed by the laws of India
  • Disputes shall be subject to the exclusive jurisdiction of courts in Raipur, Chhattisgarh, India
  • Indian Contract Act 1872 and Information Technology Act 2000 apply
  • Arbitration may be pursued as per the Arbitration and Conciliation Act 2015

10. Contact Information and Legal Notice

Software Unicorn

Address: Kota, Raipur, (C.G), India, 492001

Email: info@softwareunicorn.com

Legal Notices: info@softwareunicorn.com

Phone: +918435883135

Website: https://www.softwareunicorn.com

Business Hours: Monday - Friday: 9:00 AM - 6:00 PM, Saturday: 10:00 AM - 4:00 PM

LEGAL DISCLAIMER:

These terms are designed to provide maximum protection to Software Unicorn while complying with applicable Indian laws. Clients are advised to seek independent legal counsel before agreeing to these terms.

11. Final Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE:

  • You have read, understood, and agree to be bound by these Terms and Conditions
  • You understand the limitations of liability and no-refund policy
  • You accept responsibility for payment gateway fees and transaction costs
  • You acknowledge that Software Unicorn is not liable for data breaches, financial losses, or service interruptions
  • You agree to the jurisdiction of Raipur, Chhattisgarh courts for any disputes
  • You understand that these terms are designed to protect Software Unicorn's interests